Judge cites ‘nefarious nature’ of firearm in denying bail

A Keeseekowenin Ojibway First Nation man accused of showing up at a home with a loaded sawed-off shotgun was denied bail in Brandon provincial court on Tuesday.

Isaiah Mintuck, 29, is charged with several weapons offences, including possessing a loaded prohibited firearm, removing a serial number and possessing a firearm for the purpose of transfer.

The Crown opposed Mintuck’s release, arguing his detention was necessary to maintain the public’s confidence in the administration of justice. The Crown also cited concerns over the risk he poses in the community.

The defence said the proposed bail plan addressed the Crown’s concerns.

Crown attorney Rich Lonstrup detailed the allegations, which haven’t been proven in court.

Shortly after midnight on Feb. 16, Yellowhead RCMP received a 911 call of a weapons complaint. A man had reported that Mintuck showed up at his home in Keeseekowenin on an ATV with a shotgun.

“The complainant was inside with four people. They were frightened because Mr. Mintuck appeared to be intoxicated,” Lonstrup said.

When police arrived, they spoke to two First Nations security officers who got to the scene prior to police, and they said the suspect had a shotgun.

“It was determined to be a sawed-off shotgun, one in the magazine (and) one in the chamber, by way of ammunition. It was also noteworthy that the serial number seemed to be defaced,” the Crown said.

The complainants told police the accused said he wanted them to come outside and was banging on the door and “cocking the shotgun,” Lonstrup said.

At one point, the accused fell off the quad, dropping the shotgun and shells, court heard.

Lonstrup said when security arrived, they pushed the suspect over and took the shotgun, which was beside him. He said the suspect told police he was at the residence because he wanted to trade the gun for drugs.

“He then came toward the security officer. Security punched him in the chest (and) he fell down,” Lonstrup said.

He said the security officers’ main priority wasn’t holding the suspect until police arrived but instead getting him to leave without the gun. Security officers placed him back on his ATV, and as he was driving away, Lonstrup said he almost hit the security truck.

“He was demanding his gun back, revving his quad, but then he left,” he said.

Police didn’t locate Mintuck until March 27, when officers went to his family’s house. Mintuck came to the door, and police arrested him.

Lonstrup said it was confirmed that the firearm was prohibited and the accused did not have a licence.

The Crown said this was a “grave offence,” and the manner in which he allegedly handled the firearm — cocking it and having ammunition in the chamber — was extremely concerning.

Defence lawyer Jennifer Janssens said her client denies the allegations and there are several factors that complicate the case.

She said two of the complainants are family members of Mintuck’s and that there is some animosity between the accused and the complainants, stemming from circumstances surrounding Mintuck giving evidence to police about the shooting death of his late partner, Vanessa Bone.

“It is a concerning circumstance, especially because Mr. Mintuck doesn’t have any prior ties to weapons … and that this is simply based on eyewitnesses who may be motivated … to say Mr. Mintuck was involved,” Janssens said.

Mintuck has a limited criminal record with no previous weapons convictions, and he hasn’t been involved in the criminal justice system in five years, Janssens said.

“If this allegation were factual, it’s very concerning. There was a prohibited firearm seized at some point, and it’s very dangerous for that item to be in the community.”

While outlining some of Mintuck’s personal circumstances and Gladue factors, Janssens told the court both the accused’s father and grandmother attended residential schools.

She said Mintuck’s parents abused alcohol and were violent during his childhood.

Janssens presented a bail plan that included a condition that he live with his mother, who has now been sober for seven years, in Keeseekowenin. She said he was willing to abide by any curfew the court deemed necessary, along with conditions that he not have contact with the complainants.

Judge Shauna Hewitt-Michta said the “nefarious nature” of the firearm, including that it was loaded and the serial number was defaced, compounded the dangerousness of the situation.

She said that while there may be some triable issues, the Crown seemed to have a “pretty strong case.”

Hewitt-Michta said that while Mintuck could have possibly been released on a stronger bail plan, she denied his release on the grounds that his detention was necessary to maintain the public’s confidence in the administration of justice.

» sanderson@brandonsun.com